Tutorial Questions 1. Discuss the relevance of law as a legal institution in the society-making case: i. For the existence of law ii. Against the existence of law 2. Is Law necessary in the society? Discuss this assertion. 3. (a). Advance five scholarly definitions of law from both the legal and sociological perspectives. (b). Explain the nature of law within the society. 4. List and discuss the various sources of law. 5. (a). What are the classifications of Law? (b). Examine the functions and dysfunctions of Law. 6. Explain the Consensus/Functionalist theory of law, highlighting the contributions of Jeremy Bentham and Thomas Hobbes. 7. Examine Emile Durkheim's contribution to the Functionalist theory of law. 8. Examine Talcott Parson’s Social Imperatives on Adaptation. 9. (a). What is ‘Sociology of Law?’ (b) Discuss the subject matter of the Sociology of Law 10. Discuss the following perspectives on the explanation of Law and Society: a. Hedonistic jurisprudence b. Legal Feminism and its Aims in Sociology of Law c. Four approaches to legal feminism 11. Account for the colonial experience in Nigeria’s Legal system 12. Discuss the Rational Choice theory of law by Max Weber 13. Discuss the views of the following Sociologists on Law: Roscoe Pound and Eugene Ehrlich. 14. Briefly discuss the following schools of thought in general jurisprudence: (a). Natural Law. (b). Legal Positivism 15. Describe the convergence and divergence of Law and Custom citing relevant examples. Answer all the question (extensively) in an exam format
Question
Tutorial Questions
- Discuss the relevance of law as a legal institution in the society-making case: i. For the existence of law ii. Against the existence of law
- Is Law necessary in the society? Discuss this assertion.
- (a). Advance five scholarly definitions of law from both the legal and sociological perspectives. (b). Explain the nature of law within the society. 4. List and discuss the various sources of law.
- (a). What are the classifications of Law? (b). Examine the functions and dysfunctions of Law.
- Explain the Consensus/Functionalist theory of law, highlighting the contributions of Jeremy Bentham and Thomas Hobbes.
- Examine Emile Durkheim's contribution to the Functionalist theory of law.
- Examine Talcott Parson’s Social Imperatives on Adaptation.
- (a). What is ‘Sociology of Law?’ (b) Discuss the subject matter of the Sociology of Law
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a. Hedonistic jurisprudence b. Legal Feminism and its Aims in Sociology of Law c. Four approaches to legal feminismDiscuss the following perspectives on the explanation of Law and Society: -
Account for the colonial experience in Nigeria’s Legal system -
Discuss the Rational Choice theory of law by Max Weber -
Discuss the views of the following Sociologists on Law: Roscoe Pound and Eugene Ehrlich. -
Briefly discuss the following schools of thought in general jurisprudence: (a). Natural Law. (b). Legal Positivism -
Describe the convergence and divergence of Law and Custom citing relevant examples.
Answer all the question (extensively) in an exam format
Solution 1
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The relevance of law as a legal institution in society is crucial. i. For the existence of law: Law provides a framework for society, establishing rules and norms that guide behavior and interactions. It helps maintain order, protect rights, and resolve disputes. Without law, society could descend into chaos. ii. Against the existence of law: Some argue that law can be oppressive, limiting individual freedoms and potentially being used as a tool of control by those in power. It can also be seen as rigid, not allowing for flexibility or adaptation to changing societal norms.
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Law is necessary in society as it provides a framework for behavior, protects rights, and resolves disputes. It helps maintain order and stability, and without it, society could descend into chaos.
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(a). Five scholarly definitions of law:
- Legal perspective: "Law is a system of rules that a society or government develops to deal with issues like crime, business agreements, and social relationships" - Black's Law Dictionary.
- Sociological perspective: "Law is a social phenomenon which can be explained by social factors" - Max Weber. (b). The nature of law within society is that it is a set of rules and guidelines that govern behavior. It is a system of social control, dispute resolution, and behavior regulation.
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Sources of law include constitutions, statutes, case law, administrative regulations, and international law. Each source provides a different type of law and has a different role in the legal system.
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(a). Classifications of Law include criminal law, civil law, constitutional law, administrative law, international law, and procedural law. (b). The functions of law include maintaining order, resolving disputes, protecting rights and liberties, and establishing standards. Dysfunctions of law can include rigidity, bias, and inequity.
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The Consensus/Functionalist theory of law, proposed by Jeremy Bentham and Thomas Hobbes, suggests that law is a social construct that reflects the consensus of society. It serves to maintain social order and stability.
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Emile Durkheim contributed to the Functionalist theory of law by arguing that law is a reflection of the collective conscience and serves to maintain social solidarity.
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Talcott Parson’s Social Imperatives on Adaptation suggests that society must adapt to changes in order to survive, and law plays a crucial role in this adaptation process.
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(a). 'Sociology of Law' is the study of the interaction between law and society. (b). The subject matter of the Sociology of Law includes the social structures and forces that influence the creation and enforcement of law.
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Hedonistic jurisprudence, legal feminism, and the four approaches to legal feminism all offer different perspectives on the relationship between law and society.
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The colonial experience in Nigeria’s Legal system has significantly influenced its current legal system, introducing elements of British law.
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Max Weber's Rational Choice theory of law suggests that individuals make rational choices based on their understanding of the law.
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Roscoe Pound and Eugene Ehrlich both offered significant contributions to the sociological understanding of law.
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Natural Law and Legal Positivism are two major schools of thought in general jurisprudence, each with its own perspective on the nature and role of law.
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Law and Custom often converge and diverge in various ways, with law often reflecting societal customs, but also sometimes contradicting them.
Solution 2
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Solution 3
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